SLP 5561/2016- PENSION UPDATION CASE- -APEX COURT GIVE THREE MONTHS TIME TO IBA

[mohan p]

Dear Friends,

The following case on Updation of Pension came up for hearing to day before Apex Court.

Petition(s) for Special Leave to Appeal (C) No(s). 5561/2016

M.C. SINGLA (DEAD) THR. LR. & ORS. Petitioner(s)

 

VERSUS

UNION OF INDIA & ORS. Respondent(s)

Date: 20.01.2022

***       ****        *****        ****

UPON hearing the counsel the Court made the following

 O R D E R

Mr. Rajesh Kumar Gautam, learned counsel appearing

for the respondent(s) including Indian Banks'

Association, submits that the Committee which was

supposed to consider the representation/claim of the

petitioners and similarly placed persons, is required to

be reconstituted, as the Chairman of the Committee is

demitting office.

 In the circumstances, we give three

months' time to the Indian Banks' Association to do the

needful and submit appropriate report regarding the

decision taken on the proposal. 

If final decision cannot be reached, the Indian

Banks' Association must submit interim report before the

next date of hearing. 

List these matters after three months. 

(DEEPAK SINGH) (VIDYA NEGI)

COURT MASTER (SH) COURT MASTER (NSH)

[PM]

Dear Friends,

From the order of Apex Court of date in SLP(C)5561/2016 on Updation of Pension we retirees can observe that:

a)      We need to wait further period of another three months to gather the views of newly reconstituted Committee of  IBA on pension issues  based  on report to be submitted, to court.

b)      IBA get additional time to resolve  Updation of Pension including DA related issues.

c)       In between IBA may get sufficient time to hold      meeting with UFBU ( unduly delayed one)and to  arrive on consensus (as often quoted by MOF)

d)      Let us hope that IBA may not choose for an interim report,during the time granted by court, which may only cause delay in  the process further.

[PM]

MYTHS BUSTED

'Fake news factory' was spreading a news till last day  that" Sub.Committee of IBA to look after pension issues was reconstituted earlier itself under another CMD of bank, and the  retiring chairman has given another  "assignment to look after DA related issues".

They forget that giving false hopes with date of sanction of such demands, etc may cause anxiety and disappointment to senior /super senior retirees, living on hopes all these days.

IBA's statement before Apex Court has  revealed in crystal clear manner  that they are  required to

to reconstitute, the Committee as the Chairman of the same is

demitting office.

Any way these speculators may have few months time now  to produce their own new  " announcements" on grant of our issues,as per their assumptions reportedly gathered from 'reliable sourses'etc!

Retirees only wish is an  early resolution of their long pending issue.

[ganpat dhond]

Generally when  any committee is formed  for any reference , it is the practice that reference of the issue to be  decided and time period for submission of report is prescribed . But it looks strange on the part of IBA when  they were aware that chairman of the committee was to retire report should come before that time. IBA  IS NOT SERIOUS about issue  . Whenever any MP or Retiree Organisation representative approach Honourable F M or  any DFS official they  have been telling that they are aware of  issue to be  resolved , But they also NOT SERIOUS that the issue needs to be resolved immediately  looking to the pre Nov 2002 retires who are  above 80 years of age and are in pitiable conditions due to deprivation of 100 % D A

G J Dhond

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[Raj Venkat]

Reconstitution is another ploy.Why this man was in extended period in the committee without completing the work. All are playing against pensioners for decades. VR

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[Sureshbhat M]

But what the existing commitee did for last long period of time? It was also need to be mentioned in the order. 

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[JSOMA SHEKARA]

This is nothing but delaying tactics with a malafide intention of denying benefits of 100% DA and Updation to pensioners by iBA and UFBU.

There are no absolutely no reasons for delay in taking a decision.

1. In 2005 100% DA was sanctioned to 15 lakh Bank employees and a large number of post 2002 pensioners without forming a committee.

2. In every BPS only IBA and UFBU decide the wage increase of 15 lakh Bank pensioners without any special committee.

2. For rejecting Pension benefits on special allowance no committee was formed.

3. Just by a circular from IBA all Banks denied 5 year benefit to                   SCRS retirees.

4. For restoring 50% Basic pension from 2005 and denying arrears from DOR no committee was formed.

5. For deciding that all pensioners have to bear 100% of Insurance premium no committee was formed.

6. In RBI while sanctioning 100% DA and Updation no committee was formed.

7. DFS calculated and stipulated the Pension formula for RBI pensioners without a committee  and also without leaving any group out of benefit.

8. IBA calculated Family pension cost and provision required without a committee.

9. All Banks today are fully automated. Any data required for 100% DA and  Updation calculations are available to IBA at 24 hour notice.

10. let it be any formula for updation even our members of the this forum are competent enough to calculate 100% DA and upsation and they are uploading the same.

11. There is no reason for forming a special committee to just calculate 100% DA and then Updation,

12, Even for the committee 6 months time is more than enough to finalize the scheme for updation.

12. While forming a committee itself IBA was well aware that chairman of the committee  retiring in Sep 2021 and further his tenure was extended till Jan 2022.

13. So why no deadline was fixed for the committee to submit its report within that period.

14. IBA revealed in the court that the reason for delay in submitting the report by the committee is because the chairman is retiring on January. That does not explain what the committee was doing in the last 6 months.

15.

14. Pensioners are senior citizens and are eagerly waiting for news from IBA regarding the updation. Such anxiety, suspense and disappointment impacts on the health of senior citizens.

16. Instead of keeping senior citizens in suspense IBA could have at least replied to UFBU letter dated 3td Sep 2021  informing that there is delay as committee is being reconstituted, Is this a top secret to hide from pensioners?

17. This is how they respect pensioners. Whole idea is to delay and deny justice and to wait for any developments in the govt that may help both iBA and UFBU to bury the updation issue.

18. The task of the committee is only to finalize a scheme and submit the   report. Permissions and amendments will only come later and it is the task of IBA and management. Is the delay made to happen?

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[Inderjit Singh]

True, there is no other way but to wait till next hearing.  

Wondering how SC accepted this vague argument about Chairman of committee demitting office, as the date of retirement of public servants is not a secret.  As a matter of fact, it clearly shows non-serious approach of IBA on this issue.  Hope of retired bankers get a boost close to federal elections.  Let's pin our hope to next due in 2022!  Relax till then.

[JSOMA SHEKARA]

Do not have any hopes that after 3 months the issue will be resolved.

1. SC only insisted whether the committee had submitted its report.

2. If the report is positive and IBA agrees to implement updation SC will pass orders accordingly.

3. If the report is negative SC will continue hearing the main case.

4. IBA only said the committee is being reconstituted. When IBA will re-constitute the committee and who is the new chairman and whether this new Chairman will again start from scratch inviting UFBU leaders for their views nobody will answer. Whether IBA will reconstitute the committee before the next hearing date in SC is doubtful?

5. Why an interim report after 3 months? The outgoing Chairman based on his work done during the last 6 months should have submitted an interim report if not final report.

What is going on behind the curtains?

4.

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[Hans Raj Manuja]

On one excuse or the other , our issues will go on delaying . This unending delay will continue like The Brook " Man may come and man may go but I shall go on for ever "

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[dr padmanabhaiah]

The presentation of the different aspects in the mail are 100% facts to gain some time for dragging the issue of updation of pension. But only the blessing in disguise factor is that the Supreme Court has instructed the IBA to submit at least an in term report before final report. Under these circumstances IBA is forced to submit some report to the court other wise if will become sub judicious I hope. Let us hope for the best in three months. 

Sent from my iPhone

On 21-Jan-2022, at 10:13 AM, Inderjit Singh <inderj...@gmail.com> wrote:

True, there is no other way but to wait till next hearing.  

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[Anantharaman Tg]

It seems the Counsel representing the petitioners

did not raise any question that are being asked

by all of us in the blog! At least they should have pointed out 

this long pending issue deserves early solution as

almost all ot them are very senior citizens.

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[P. S. SATYANARAYANA]

The purpose of preponing the hearing date of the case from 4th Feb. to 20th Jan. was not to speed up the matter; but to take the matter to 20th Apr.

All this took only 5 minutes time of the court.

बहुत खूब!

P. S. SATYANARAYANA.

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[NSS]

Friends

In the first hearing Advocate for the Appellants sought time stating that a Committee has been formed to study the issue. Why the Appellants decided to seek time is a mystery. In the next hearing Counsel  IBA as well as the Appellants  informed the Court that they have no information from the Committee. (Will any one believe that the IBA was not aware of the progress! made by the Committee? Why Advocate for the Pensioners should join the Counsel for IBA and support their claim?)  Court gave a months time. Now IBA informs that the Committee has to be reconstituted. Court has now given three months time and permitted the filing of interim report also. Advocate for the Appellants did not object to the delaying tactics of IBA.

Now, some people are spreading the information that the issue is sub judice and it should not be discussed in public. The issue concerns the pensioners and the suit has been filed by some pensioners and organisations in representative capacity only i.e. the petitioners represent all the affected pensioners. Therefore the pensioners can discuss the issue among themselves.

Intention of IBA seems to be dragging the case till the commencement of next Bi-partite talks and then inform the Court that the matter is under negotiations with Unions / Associations and finally inform the Court that the issue has been settled through negotiations. The updation scheme thus settled may fall very much short of our expectations i.e. RBI formula for updation. 

Under these circumstances my appeal to the appellants is to engage a Lawyer like Mr. Harish Salve who will be able to win our case in the shortest possible time. Once it is decided to proceed with the appeals, even without waiting for the next date of hearing, Court can be requested to start hearing the case.  Pensioners will happily contribute towards the legal expenses if required.

N.Sankara Subramanian

[Gopalan Ramanuja]

Very rightly said, Mr N S S.

We can think of engaging Mr Harish Salve for winning the case. Who knows, we may get both the updation and 100% DA with retrospective effect. Here the points of law are very clear in our favour and the elements of deprivation /discrimination are quite vivid and obvious. Mr Salve,if he makes a presentation to the judges, it will make all the difference. Once he agrees, legal fees charged by him can be funded by all the bank pensioners in the Group. Our Mumbai and Delhi friends can work on this mobilisation of contribution can be done in max of 2 weeks time.

R Gopalan

Canara Bank Pensioner

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[Nagaraju Kakani]

Sairam,  A Good suggestion by a learned leader,who took up some case in the past.

If our Prasad Sir, Somasekhara and others also endorse and take lead I am also glad to contribute to our common cause in this matter.

Time is short, decide early and launch our aggressive action, keeping our earlier experiences with IBA in such matters.

WIth best wishes,

Nagaraju Kakani

Hyderabad.

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[Parvatam Veera Bhadra Swamy]

Yes, I fully agree with the views expressed by shri NSS and at this juncture we should engage highly renowned lawyer like Harish Salve so that case should not be adjourned further.

If iba is successful in getting one more adjournment then they will merge this issue to next bipartite as it will be due on 1st November 2022.

We are well aware what will happen when once negotiations starts between iba and ufbu. 

I am ready to contribute from my side to engage a lawyer to fight our pension updation case.

Pvbswamy 

On Sat, 22 Jan 2022, 15:51 NSS, <nsanka...@gmail.com> wrote:

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[Narendra Khutate]

Apex court is confident that you will live further three months to see updation of your pension

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[bhaskara sarma]

IBA can seek any number of adjournment s.Another case is there in Delhi High court,filed by SBI pensioners, which is rotting in adjournment s.

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[Ramesh Sehgal]

It is an encouraging note that the concerned Ministers in the present govt are giving attentions for resolving long pending issues of the people of India like OROP.

We, the hapless retirees, hope that our long pending issue of updation of pension and other such issues will also see the light of the day soon.

Ramesh Sehgal

9990217028

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Subject: Re: bankpensioner Re: SLP 5561/2016- PENSION UPDATION CASE- -APEXCOURT  GIVE THREE MONTHS TIME TO IBA

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Very rightly said, Mr N S S.

We can think of engaging Mr Harish Salve for winning the case. Who knows, we may get both the updation and 100% DA with retrospective effect. Here the points of law are very clear in our favour and the elements of deprivation /discrimination are quite vivid and obvious. Mr Salve,if he makes a presentation to the judges, it will make all the difference. Once he agrees, legal fees charged by him can be funded by all the bank pensioners in the Group. Our Mumbai and Delhi friends can work on this mobilisation of contribution can be done in max of 2 weeks time.

R Gopalan

Canara Bank Pensioner

On Sat, Jan 22, 2022, 3:51 PM NSS <nsanka...@gmail.com> wrote:

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[sastry n s]

Let us wait till 31/1/2022 and see whether any report is forthcoming. Thereafter, we must proceed with the course of action recommended by our friends. Funds should not be a constraint since every pensioner will be pleased to contribute.

[mehtakaka]

Dear Sir,

We pray IBA staff  live.. Otherwise court give more. Extension..

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